City won’t appeal $7.6M palm tree verdict

The city of San Diego will not appeal a $7.6 million jury verdict awarded to a Mission Hills man who was paralyzed when a palm tree in the city right of way toppled over and crushed him in 2010.

The City Council voted unanimously Tuesday in closed session not to challenge the verdict handed down in favor of Michael Burke following a three-week trial in December in San Diego Superior Court. Burke was injured in January 2010 when he was struck by a falling queen palm tree.

His suit contended the city was liable because it had slashed the budget that was in place for decades to inspect and maintain trees in public right of ways. Over the past 10 years, the council made many cuts to city services to deal with an underfunded pension system and other fiscal woes.

Burke, a lawyer, was paralyzed as a result of the tree striking him. He has undergone 14 surgeries and may have to have his legs amputated.

Lawyers for the city had argued that the tree toppling over was an “act of God” that could not be predicted. Lawyers for Burke showed at the trial that just a couple of hours before the tree that struck Burke fell, another tree right next to it on Lark Street also toppled. That tree crushed Burke’s car.

The city did not adequately block off the street after the first tree fell, Burke’s lawyers contended. The city’s arborist went to the street when the first tree fell but did no investigation of the scene, the lawyers argued.

In a statement, Burke said he was thankful the city did the “right thing” and decided not to appeal the judgment. That will allow his family to move forward, he said. Burke has a wife and 12-year-old son.

“Edith and I now have full closure, and our worries about handling the high costs of my medical care can finally be put to rest once and for all,” he said.